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A termination may breach an employment contract when an employer dismisses an employee in violation of an enforceable agreement limiting the employer’s right to terminate employment. Depending on the circumstances, that agreement may be written, oral, or implied from the parties’ words and conduct.
California generally presumes employment without a specified term is at will. However, an enforceable agreement may provide different terms, such as employment for a specified period or termination only for good cause. The agreement’s language, enforceability, and any applicable defenses matter.
Depending on the agreement and circumstances, examples may include:
No. A handbook, long service, raises, or positive performance reviews do not automatically create a promise of continued employment. Policies and assurances may be relevant, but clear at-will language can affect whether an implied agreement exists.
A contract claim generally requires proof of an enforceable agreement, the employee’s performance or a legal excuse for nonperformance, the employer’s breach, and resulting harm. The precise requirements depend on the contract and claim.
Preserve your offer letter, employment agreement, amendments, relevant handbook provisions, termination notice, and communications about job security or termination procedures. Keep only records you are lawfully entitled to possess. An attorney can evaluate the agreement and applicable filing deadlines.
Legal sources: Judicial Council of California Civil Jury Instructions 2401: Breach of Employment Contract, 2403: Implied Promise Not to Discharge Without Good Cause, and 2420: Employment Contracts for a Specified Term.
Concerned that your termination violated an employment agreement? Matern Law Group can review the terms and explain your legal options.
Wrongful termination due to breach of contract happens when an employer fires an employee in a way that breaks the terms of an employment agreement. This agreement could be a written document, like a contract you sign when you start a job, outlining conditions for termination and job duration.
It could also be an implied contract, which isn’t written down but is understood from the company’s actions, policies, or even verbal assurances. Here are the key points to understand:
Laws around contracts and employment can be tricky, so it’s a good idea to talk to our breach of contract lawyers who know about employment laws and your employee rights. We can help you understand any legal damages, labor code, and let you know if you have a case and what your next steps should be.
Make sure to keep all the paperwork related to your job, like your contract, any letters or emails about your job, the employee handbook, and any records of your work performance. These can be really important if you decide to take action against your employer for firing you unfairly. Every attorney at our law firm will fight for employees and find a way to get justice.
You deserve clear answers about your rights. Contact Matern Law Group to discuss your situation and explore your legal options.
Our practices are guided by integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation. We never charge a fee unless we win your case.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
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